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Immigration

Child Status Protection ActThe Child Status Protection Act was created in 1996 to solve INS problems that affect children under the age of twenty one. Before this important law was passed, young people's citizenship was dependant on the time when their paperwork was processed, not when it was submitted. Through no fault of their own, many children under age twenty one were denied visas as the result of massive amounts of paperwork, causing their petitions to be processed after their twenty first birthday. This problem affected many young people, as they were then ineligible for relative visas and other options. Since the passage of the Child Status Protection Act, young people no longer have to pay the consequences for INS paperwork processing errors.

Naturalization and AppealsIf you are an immigrant who would like assistance preparing for your naturalization proceedings with the INS, you should contact a naturalization attorney from the Law Offices of Sonia S. Amin. There are many requirements which you must fulfill to become a citizen, such as permanent residence in America, the ability to read and write in English, good character, never having been convicted of an aggravated felony, and understanding of U.S. government and history. Our naturalization and immigration lawyers have the knowledge to assist you in all areas of naturalization law, including helping you get ready for the interview, filing legal documents, and developing other strategies that will help you become a citizen of the United States. If you have already applied for citizenship and been denied, our naturalization attorneys are skilled in the area of naturalization appeals and can help you become a citizen!

Rescission of Lawful Permanent Resident StatusIf you have been accused of fraud related to your immigration to the U.S., including marriage fraud, you may be at risk for rescission of LPR status. If you are a lawful permanent resident facing rescission of your status, this means that your status as a resident can be taken away. All benefits and privileges that are provided to you as a lawful permanent resident will be revoked and you may face deportation or removal from the United States. Revocation of status is a very serious state of affairs and requires the representation of an experienced immigration and naturalization attorney.

Problem CasesIn the area of immigration law, there are a variety of situations which are considered "problem cases," such as marriage fraud and revocation of family petition.

If an immigrant gets married to a U.S. citizen, he or she will be considered a conditional citizen for two (2) years. The immigrant will become a citizen if the marriage is valid, lasts for at least two (2) years, and the proper paperwork is filed and accepted. If it is found that an immigrant has committed marriage fraud, there is a possibility that the immigrant may be deported.

One form of family based immigration is when an immigrant comes to the U.S. and chooses a relative, who is already a citizen, to be their sponsor and assist in the process of becoming a citizen. There are many situations in which family petitions are revoked, and it is very difficult for an immigrant's family petition to be reinstatement without the assistance of an experienced attorney.

These and other serious problem cases require the assistance of immigration lawyers who have years of experience and have represented a variety of immigration cases.

Family PetitionsIf you are a citizen of the United States who is twenty one or older, and would like to assist in the immigration of your family members, you may file an I-130 petition. Approval of this form allows immediate relatives to immigrate to the U.S., including wives, husbands, children, and parents. It is your responsibility to properly and correctly fill out the necessary paperwork to prove the familial relationship between you (citizen) and your immigrant family member. There are certain restrictions regarding who may be eligible to immigrate by means of a family petition; therefore an immigration attorney should be consulted to provide you with accurate advice on how you can assist in the immigration of your immediate family.

Permission to ReapplyEvery year, many immigrants are unexpectedly and abruptly removed from the United States for various reasons, with no other choice than to return to their country of origin. If you have been removed from the country and want to return, you may seek permission to legally return to the U.S. You must file form I-212 to request readmission to the U.S. This may be done at your time of arrival at a port of entry in the U.S. or in a foreign country before you come to the United States. To ensure that your permission to reapply to the United States is done successfully, you should hire an immigration lawyer to assist in the process of filing the form and any other legal matters that may arise.

Discretionary WaiversIn certain situations, discretionary waivers may be granted to lawful permanent residents (LPR) who have been convicted of criminal offenses, although this practice occurs less and less as a result of the changes regarding section 212(c) that took place in the mid 1990's. If you are a lawful permanent resident of the United States and have been convicted of a crime you may be able to receive relief and avoid deportation. There are many factors that are involved in determining if you will be approved for a discretionary waiver, such as the type of crime committed, when the crime was committed, and how long you have been residing in the U.S.

There are a variety of waivers which may prove to be beneficial to lawful permanent residents, as well as non-immigrants who live in foreign countries and desire to come to the United States for a short period of time. If you would like to find out more about how a discretionary waiver can help you, please contact an immigration attorney to discuss your case.

Criminal Defense Representation of Lawful Permanent Residents and Non - Lawful Permanent ResidentsLawful permanent residents and non-lawful permanent residents who are criminal defendants should hire immigration lawyers who are proficient in the areas of immigration law and criminal defense, therefore providing the clients with comprehensive legal advice and representation that pertains to their particular legal matter. Lawful and non-lawful permanent residents who are facing criminal charges have a lot at stake, including the ability to live, study, and work in the United States. If convicted, you may be forced to leave the country and may be barred from returning for a long period of time. If you are an immigrant who is facing criminal charges you should hire a competent immigration lawyer immediately.

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